The lawsuit is framed as a premises liability action, charging that the casino owed its employees a nondelegable duty to provide a reasonably safe workplace and not to create any conditions that would render the premises dangerous. The employee/plaintiff alleges the casino breached this duty by allowing smoking in its facilities all these years without adequately protecting or warning its employees of the associated risk.
The article doesn't address an issue that I would be interested in - the application of the workers' compensation bar to this type of claim. I guess we will have to follow the case and see what happens when . . . (wait for it) . . . the smoke clears.